Land Law

LARGE GROUP 1
Student Guide

Introductory Concepts in Land Law

Context

Perhaps an obvious question when starting this module is “What is land law about?”
Land plays an important role in everyday life. We like to own it, live in it, get a
mortgage on it, let it out and sell it. Land is a very valuable asset, financially and
emotionally; but what is land and in what sense can we own it?

The law that governs land has been developing for nearly a thousand years. In this
unit you will discover what ownership of land means, in particular the meaning of
freehold. You will also consider the distinction between fixtures (which are part of the
land) and chattels (which are not). You will look at the two systems that govern the
transfer of ownership of land: the unregistered system that relies on title deeds and
the registered system that relies on computerised records. To remind you, this
course covers only the land law of England and Wales.

You will learn how title to (i.e. ownership of) land is proved in the unregistered and
registered systems and begin to acquire the skill of interpreting documents of title.

Land is unlike other types of property. Some property (e.g. furniture) can be
transferred without any paperwork at all, but a transfer of land must be done by
deed. Normally parties enter into a contract to buy and sell land before actually
transferring ownership. You cannot contract to transfer land orally; the contract must
be in writing and must comply with certain formalities. In this large group you will
learn about these formalities so that you will be able to create a valid contract for the
sale of land on behalf of a client and appreciate the importance of exchanging
contracts as a stage in the sale and purchase of land. Then the solicitors acting for
the seller and buyer must ensure that the final stages of the transaction are
completed properly and so this large group will also deal with the formalities for the
transfer of ownership of land.

Outcomes

By the end of this Large Group you should be able to:

1. Understand and describe in outline the meaning of “land” in land law and how
fixtures differ from chattels.

2. Appreciate something of how land law has developed over time so that you
can describe the two legal estates in land.

3. Explain how an owner of land proves ownership of that land, whether the title to it
is unregistered or registered.

4. Describe the formalities required to transfer ownership of land.

1. Introduction: The aims and structure of the Land Law module

The aims of the Land Law module are to:

 explain how the various estates and interests in land are created and
how they can be transferred from one person to another;

 explain how one person may come to have rights over another person’s
land and how those rights are protected in both unregistered and
registered land;

 cover the topics of leases and leasehold covenants, trusts of land and
co-ownership, freehold covenants, easements and legal mortgages;

 above all, to apply the concepts and principles of land law in a practical
context so that you can advise commercial and private clients on their
rights, obligations, remedies and liabilities in relation to land.

2. What is land?
 a) What legislation was brought in to simplify the ownership of land?

b) What are Corporeal hereditaments?

c) What are Incorporeal hereditaments?

d) How far above and below ground does the ownership of land
extend?

e) Why is it restricted?

3. Fixtures and Chattels

a) Whatever is attached to the soil becomes part of it. Fixtures are part of
land so must remain with it; chattels are not part of land and may be
removed.

b) Usually dealt with by a provision in the contract for sale in practice.

c) What if the contract is silent? How will you decide whether an item is a
fixture or a chattel? See e.g. Berkeley v Poulett (1976) 242 EG 39.

Two tests:

(i) The method and degree of annexation;

(ii) The object and purpose of annexation – conclusive.

3. Who owns land?

4. Legal Estates in land

a) Section 1(1) of the Law of Property Act 1925 (“LPA 1925”)

The only estates in land which are capable of subsisting or of being conveyed or
created at law are—

(i) An estate in fee simple absolute in possession (freehold);

(ii) A term of years absolute (leasehold).

b) The freehold estate.

 Define:
i. Fee

ii. Simple
 iii. Absolute

iv. In possession

 What happens in the event a person dies with no will and no living
heirs to whom the property could pass?

c) The leasehold estate. Of limited duration. Under s205 (1) (xxvii) LPA 1925
a “term of years” includes a “term for less than a year, or for a year or
years and a fraction of a year or from year to year” so leases may be fixed
term or periodic.

d) There can be two or more legal estates in the same piece of land at the
same time.
5. Proving title to land: the unregistered system

6. Proving title to land: the registered system

7. Why do parties normally enter into a contract as part of the conveyancing

process?

a) Commit to transaction.

b) Fixing the terms.

8. Formalities for a contract for the sale of land

a) s2 of the Law of Property (Miscellaneous Provisions) Act 1989 (“LP(MP)A

1989”).

b) A contract must:

(i) be in writing;
(ii) contain all the terms agreed by the parties; and
(iii) be signed by or on behalf of both the parties.

9. Transfer of title to land

a) A deed is required to create or transfer a legal estate under s52(1) Law of

Property Act 1925 (“LPA 1925”), subject to exceptions in s52(2).

b) s1(2) LP(MP)A 1989, a deed must:

(i) make it clear on the face of it that it is a deed; and
(ii) be validly executed as a deed by the person making it (or their
authorised representative).
c) s1(3) LP(MP)A 1989, in the case of an individual, the deed will only be
validly executed if it is:
(i) signed and witnessed; and
(ii) delivered as a deed.

Signed as a deed by ROBERT GORDON OATES )

in the presence of: )

Signature of witness:
Name:
Address:

d) Unregistered titles – ownership of the legal estate passes as soon as the

conveyancing transaction has been completed (i.e. the money paid and
the deed of transfer completed and handed over). A conveyance of
unregistered title will trigger first registration.
e) Registered titles – there will be a transfer deed but the legal estate
remains with the seller until the buyer’s name is entered on the register
as the new owner of the land: s27 LRA 2002.
10. Summary of key facts

1. Land is widely defined to include physical things, such as buildings, and

intangible things, such as rights of way.

2. Subject to the terms of the contract for sale, when land is sold the
transfer will include all fixtures but exclude chattels.

3. There are only two estates in land that can be legal: freehold and
leasehold.

4. There are two conveyancing systems, one for unregistered land and one
for registered land.

5. In unregistered conveyancing, the ownership of land is proved by means

of title deeds going back at least 15 years.

6. In registered land, the ownership of land is proved by producing official

copies of the entries on the register at the Land Registry.

7. The parties to a sale of land are not bound until contracts have been
exchanged.

8. The contract must comply with s2 LP(MP)A 1989.

9. The formal transfer of title to the buyer takes place at completion and must
be done by deed but, if the title is registered, the legal estate does not pass
until the buyer’s title is registered at Land Registry.
 Stamp Duty

£10
Stamp Duty

£100

This Conveyance is made the Twelfth day of April One thousand nine hundred and
seventy-three BETWEEN EDWARD ROBERTSON of Oaklands, Mill Street, Merry Hill,
Dudley, West Midlands (“the Vendor”) of the one part and ADAM NIGHTINGALE of Apple
Tree Farm, Snapps Lane, Sandford, West Midlands (“the Purchaser”) of the other part

W H E R E A S: the Vendor is seised of the property hereinafter described for

an estate in fee simple and has agreed to sell the same to the Purchaser for the sum

of Eleven thousand pounds.

NOW THIS DEED W I T N E S S E T H as follows:

In consideration of the sum of ELEVEN THOUSAND POUNDS paid by the Purchaser

to the Vendor (the receipt whereof the Vendor hereby acknowledges) the Vendor as

BENEFICIAL OWNER HEREBY CONVEYS unto the Purchaser ALL THAT piece of

land TOGETHER WITH the dwellinghouse erected thereon and known as Oaklands

aforesaid which property is more particularly delineated on the plan annexed hereto

and thereon edged red TO HOLD the same unto the Purchaser in fee simple.

IN W I T N E S S whereof this deed has been executed by the Vendor the day and year first
before written.

SIGNED SEALED and DELIVERED ) Edward Robertson

by the said EDWARD ROBERTSON )
in the presence of: )

Trevor Green
17 Main Street
Dudley
West Midlands
 Title number NT112227 Edition date 09.08.2002
Official copy
of register - This official copy shows the entries subsisting on the register on

of title -
[today’s date] at 09:20:34.

This date must be quoted as the “search from date” in any official
search application based on this copy.

- The date at the beginning of an entry is the date on which the

entry was made in the register.

- Issued on [today’s date].

- Under s.67 of the Land Registration Act 2002 this copy is

admissible in evidence to the same extent as the original.

- For information about the register of title see Land Registry

website www.landregistry.gov.uk or Land Registry Public Guide
1- A guide to the information we keep and how you can obtain it.

- This title is dealt with by Land Registry Nottingham Office

A: Property Register
This register describes the land and the estate comprised in the Title

NOTTINGHAMSHIRE : RUSHCLIFFE

1. (12 January 1970) The freehold land shown and edged with red on the plan of the
above title filed at the Registry and being 12 Central Avenue, West Bridgford,
Nottingham NG2 5GR.

B: Proprietorship Register
This register specifies the class of title and identifies the owner. It contains any entries that affect the
right of disposal.

Title Absolute

1. (9 August 2002) PROPRIETOR: CHURCHILL PROPERTIES LTD (Co. Reg. No.

772918) of Churchill House Clarence Road Leeds LS9 7HT.

2. (9 August 2002) The price stated to have been paid on 9 July 2002 was £149,000.
_________________________________________________________________

C: Charges Register
This register contains any charges and other matters that affect the land

1. (9 August 2002) REGISTERED CHARGE dated 9 July 2002 to secure the moneys
including the further advances therein mentioned.

2. (9 August 2002) Proprietor: Barclays Bank PLC of 54 Lombard Street, London EC3P
3AH.

End of register